The checking power of the judiciary

The checking power of the judicial branch is called judicial review. The judicial branch has the power of judicial review over both the legislative and executive branches.

The court can review the president's actions. It can decide if the president is doing something that is unconstitutional. That is, it can decide if something does not agree with the Constitution.

A federal court can limit the actions of the president or stop what the president plans to do. A federal court can also force the president to do something. This is called placing

an "injunction" on the president's actions. Another power the federal court has over the president is judicial review. A good example of how judicial review over the president was used is Watergate. Watergate began in June, 1972. At this time, five men were caught illegally entering the sixth floor of the Watergate Hotel. During this time, President Nixon was campaigning to be elected again as president. He was a Republican. Some people said that the men caught at the Watergate Hotel were trying to get secret information. They said that this information

would help President Nixon to get re-elected. Not many people believed these charges. President Nixon was re-elected in November, 1972. In January, 1973, the nation was

surprised with news about Watergate. One of the men caught entering the Watergate Hotel said that people in the White House knew about the break-in. Many men on President Nixon's staff were accused of knowing about it. President Nixon denied any

knowledge of the incident. Later, it was discovered that President Nixon had recorded talks with his staff. It was thought that these tapes would have some information about the Watergate break-in.

The Senate asked President Nixon to give up the tapes. President Nixon said no. He said that he did not have to give the tapes to the Senate because he was the president. The Senate went to court to get the tapes. Judge Sirica, a federal court judge, said that the president must give up the tapes. Finally, President Nixon appealed to the Supreme Court. The president claimed that the

Senate did not have the right to go to court against the president. The Supreme Court disagreed. President Nixon was ordered to give up the tapes. Later, President Nixon resigned. He was the first president to ever do this. Any federal court can say that a law passed by Congress does not agree with the Constitution. Once a federal court says this, the law cannot be used any longer. Federal courts have judicial review powers over state laws. All state laws must agree with federal laws and the Constitution. Federal courts can decide if the laws do agree.